Bail set at $110K for suspect in barbershop shooting

NEW BEDFORD — A city resident charged with last week's shooting in a North End barbershop was ordered held in lieu of $110,000 cash bail Wednesday.

BRIAN FRAGA

NEW BEDFORD — A city resident charged with last week's shooting in a North End barbershop was ordered held in lieu of $110,000 cash bail Wednesday.

Elvis Garcia, 28, appeared in New Bedford District Court for what was scheduled to be a dangerousness hearing, but Assistant District Attorney Aaron Strojny withdrew the commonwealth's motion.

Bristol County District Attorney C. Samuel Sutter said it was a difficult decision to withdraw the motion.

"There may be instances once a year or so where we make a decision because we have concerns about having an evidentiary hearing at this point in the case," Mr. Sutter said. However, he said, there will be a dangerousness hearing in Superior Court if Mr. Garcia is indicted by the grand jury.

On Wednesday, Mr. Strojny said Mr. Garcia is a flight risk and requested $1 million cash bail. Mr. Garcia's lawyer, Colleen Tynan, argued for $5,000 bail based on her client's strong ties to the community.

According to police reports, witnesses who were inside the barbershop around 4 p.m. Feb. 19 saw a heavyset Hispanic man enter the shop and argue in Spanish with the owner.

Mr. Strojny said Wednesday the fight stemmed from a long-running argument between the two over money.

When a customer tried to stop the fight, the man pulled out a gun and shot at the victim, court records said.

Mr. Stojny said the victim identified Mr. Garcia in a photo lineup and told detectives he was "a million percent sure."

Two other witnesses also identified Mr. Garcia as the gunman, court records said.

After Wednesday's court hearing, Ms. Tynan said two other witnesses did not identify Mr. Garcia as the gunman. She said the information was not provided to her before the hearing and the prosecutor did not mention it to the judge.

"Judges need to know all those facts, because that's how they make fair decisions," Ms. Tynan said.

Gregg Miliote, a spokesman for the Bristol County District Attorney's Office, declined to comment on Ms. Tynan's statements.

After setting bail at $110,000 cash, $1.1 million surety, Judge Lance Garth ordered the defendant to stay away from the Ying Yang Barber Shop at 1709B Acushnet Ave. and not contact the victim or any of the witnesses.

Mr. Garcia is scheduled to return to court March 25. He is charged with assault and battery, armed assault with intent to commit murder, assault and battery with a dangerous weapon, unlawful carrying of a firearm, discharging a firearm within 1,000 feet of a dwelling, and unlawful possession of ammunition.

Contact Brian Fraga at bfraga@s-t.com

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